Council resolution

of 2 October 2003

on a strategy for customs cooperation

(2003/C 247/01)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING:

1. that Articles 29 and 30 of the Treaty on European Union provide for a closer cooperation of the customs administrations of the Member States to contribute to the creation of an area of freedom, security and justice for Union citizens;

2. that the Tampere European Council in October 1999 confirmed the necessity for Member States to take concerted action to prevent and combat all forms of criminality that threaten society and jeopardise the creation of an area of freedom, security and justice;

3. that the Laeken European Council in December 2001 required the Council and the Commission to work out arrangements for cooperation between services responsible for control at the external border of the European Union;

4. that the Seville European Council in June 2002, in approving the plan for the management of the external borders of the European Union relating to the control of the movement of people, immigration and asylum, adopted a coordinated and integrated approach to this question;

5. that the Commission submitted on 28 July 2003 a communication(1) centred on all types of goods and merchandise, following the first communication entitled "Towards integrated management of the external borders of the Member States of the European Union", centred on the control of people, immigration and asylum;

6. the Conventions on Mutual Assistance between Customs Administrations (Naples I of 1967 and Naples II(2), the Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters(3) and the Convention on the use of information technology for customs purposes(4);

7. the Commission Communication of 8 February 2001 and the Council Resolution of 30 May 2001 relating to a strategy for the Customs Union(5);

8. the Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007)(6);

9. that the European Union has concluded relevant agreements and common strategies with third countries with a particular emphasis on those bordering the Union,

RECOGNISING:

1. that within the framework of the creation of an area of freedom, security and justice, the free movement of goods, persons and capital leads to a reassessment of control measures within the European Union;

2. that international organised crime (including the activity of terrorist groups) does not recognise national borders or competencies and therefore a multi-national and multi-agency approach and a strategy to combat crime are imperative;

3. that, within and to the extent of their national competencies, customs administrations of the Member States contribute to the fight against cross-border crime through the prevention, detection, investigation and prosecution of activities in the areas of irregular or illegal movements of goods, the trafficking in prohibited goods, money laundering and the protection of the financial, cultural and environmental interests as well as the health, safety and security of the Union citizens;

4. that the control of merchandise, over which customs administrations have exclusive competence at external borders, must be considered alongside the control of persons in ensuring complete security within the European Union;

5. that the project of integrated border management therefore requires a complementary and equal involvement of customs and other competent border agencies and enhanced cooperation between these services, because of their respective competencies in the abovementioned matters;

6. that an integrated approach towards combating crime, including a contribution to the fight against terrorism, inside an area of freedom, security and justice should include, besides customs cooperation, close and efficient multilateral cooperation between customs and other law enforcement authorities as well as other European Union bodies and agencies, for example OLAF, Europol and Eurojust;

7. that effective protection of the economy and security of the Union citizens requires strengthened cooperation and partnership with the competent authorities of the new Member States and also of third countries neighbouring the external borders of the European Union,

NOTES WITH SATISFACTION:

The successes so far achieved within the context of customs cooperation, carried out with the support of the Commission, such as:

(a) the cooperation based on the Conventions on Mutual Assistance between Customs Administrations (Naples I of 1967 and Naples II);

(b) the exchange of information which the Customs Information System (CIS) allows and which the customs files identification database (FIDE) will allow; and

(c) the results of the Joint Customs Operations (JCO) carried out by customs administrations and other law enforcement authorities,

HEREBY RESOLVES:

1. to define a strategy for customs cooperation in the Third Pillar, within the framework of the creation of an area of freedom, security and justice, to enable the better protection of society and the economy against smuggling and fraud, cross-border organised crime and money laundering, threats to the environment and the cultural heritage and any other threats within their competencies, based on the following aims:

(a) to consider new forms of cooperation, including the examination of the need for common analysis in the fight against cross-border organised crime and to protect citizens and the economy and to consider a common approach to training among their customs administrations as well as between those administrations and other law enforcement authorities;

(b) to take practical steps towards implementing these new forms of cooperation, such as to: improve operational cooperation; ensure an effective role at the external borders of the European Union; consider the creation of a permanent Operational Coordination Unit which will support the JCO; ensure an institutional approach based on cooperation between customs, police and other relevant border agencies; further develop Third Pillar IT systems;

(c) to improve and make more flexible the existing cooperation process, mainly by means of new or improved legal mechanisms and a structured and measurable approach to sharing good practice, so as to meet the expectation of an effective approach to seizing illicit goods and combating cross-border organised crime throughout the European Union; and

(d) to enhance public confidence in customs, by demonstrating tangible results through customs cooperation and ensuring an increased awareness of customs role in relation to law enforcement,

2. to take the necessary steps to develop and update as necessary a detailed action plan in order to fulfil the overall aims and objectives of this strategy;

INVITES:

1. Customs authorities and other authorities of the Member States responsible for the implementation of customs legislation to carry out this strategy and action plan;

2. Customs administrations and other law enforcement authorities of the Member States and the competent European Union bodies and agencies to do their utmost to strengthen cooperation with each other and with third countries in the fields of prevention, investigation, detection and prosecution of criminal activities;

3. The Commission to give, to the maximum possible extent, its financial, technical and logistical support for the implementation of this strategy.

(1) Not yet published in the Official Journal.

(2) OJ C 24, 23.1.1998, p. 1.

(3) OJ L 82, 22.3.1997, p. 1. Regulation as amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(4) OJ C 316, 27.11.1995, p. 34. Convention as amended by the 1999 Protocol (OJ C 91, 31.3.1999, p. 2).

(5) OJ C 171, 15.6.2001, p. 1.

(6) OJ L 36, 12.2.2003, p. 1.